Patna High CourtCR. MISC./60361/2024bail granted

Dipu Sah @ Deepu Sha v. The State Of Bihar

2024-08-31Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60361 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Dipu Sah @ Deepu Sha, Son of Late Rambilash Sha, R/V- Village- Goraul, P.S.- Goruaul, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-08-2024 Heard Mr. Anuj Kumar, learned Advocate for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Goraul P.S. Case No. 74 of 2024 registered for the offences punishable under Sections 341, 323, 324, 325, 379, 354, 384, 504, 506/34 of the Indian Penal Code and later on Section 307 of the Indian Penal Code has been added.

3. The allegation against the petitioner is of causing demand of ransom and assaulting the informant. Further allegation has been levelled against the sons of the petitioner that they inflicted knife blow to the husband of the informant. There is allegation of snatching of money also.

4. Learned Advocate for the petitioner referring to the F.I.R. contended that the petitioner only being the head of the

Patna High Court CR. MISC. No.60361 of 2024(2) dt.31-08-2024 2/3 family has been implicated in this case by making a false and concocted allegation on account of some trifle. It is further contended that the alleged occurrence is said to have taken place on 22.02.2024, but the present F.I.R. has been instituted on 24.02.2024. So far the allegation of inflicting knife blow to the informant's husband is concerned, the same has been levelled against the sons of the petitioner. The petitioner bears fair antecedent and now he has been incarcerated since 02.04.2024 and after completion of investigation, charge-sheet has been submitted.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has actively participated in the crime and later on, Section 307 of the Indian Penal Code has been added.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, coupled with the fair antecedent, and the period of custody, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 74 of 2024, subject to the condition that

Patna High Court CR. MISC. No.60361 of 2024(2) dt.31-08-2024 3/3 one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T